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To: P-Marlowe; xzins; PatrickHenry
First of all the judge is bound not by stare decisis but by the constitution.

Only Thomas would agree with that.

93 posted on 12/24/2005 12:38:15 PM PST by jude24 ("Thy law is written on the hearts of men, which iniquity itself effaces not." - St. Augustine)
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To: jude24
Only Thomas would agree with that.

Then only Thomas is right.

A judge takes an oath to uphold and defend the consitution and not necessarily what other judges have defined it to mean. Each man is sworn to uphold and defend the constutution and if they honestly believe that stare decisis is in opposition to the constitution, then they have a sworn obligation to go against precedent and face the consequences.

102 posted on 12/24/2005 3:17:05 PM PST by P-Marlowe
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To: jude24; P-Marlowe
Only Thomas...

I would think that a Scotus judge would respect stare decisis but must have a first allegiance to the Constitution itself.

Scalia and Thomas will be part of a new slim majority on the court comprising Alito, Roberts, and ~Kennedy. And everyone must remember that Stevens is a very, very, very old man, and that Pres. Bush has not yet completed even the 1st year of this term. He is president for more than 3 more years.

118 posted on 12/25/2005 1:18:20 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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